Possible Strategy For Accident Victim That Has Had Long Term Disability Claim Denied

Before any one strategy has been chosen, it helps to study the benefits and drawbacks to pursuit of the possible strategies. For instance, it may seem like a good idea to pursue an appeal to the long term disability denial. Still, such a step should not be taken, without a consideration of the dangers.

Hoped for benefit of an appeal

Ideally, an appeal would provide the denied victim with the chance to have a claim reviewed and, eventually, accepted. In other words, it could pave the way for a restoration of the claimant’s long term disability benefits.

Factors to consider before making an appeal

• When was the claim denied?
• Was it a clear and unequivocal denial? Did it come in the form of a written letter?
• If you have received such a letter, you have 2 years in which to file an appeal.

Dangers associated with pursuing an appeal

This delays the progress being made on your case. Remember, that a settlement can be made at any time, even following the issuance of a denial. If the business or institution that has chosen to work with the insurance company in the past, feels uncomfortable with a recent denial, that same business or institution might feel willing to reach a negotiated settlement.

A first appeal could fail, and personal injury lawyer in Richmond Hill encourage the filing of a second appeal. There is a danger in making multiple appeals. That encourages the insurer to point to the first denial as the start of the time during which any further appeal can be filed with the court.

The filing of an appeal causes the claim held by the insurance company to be sent to a new adjuster, or someone else that is working for the insurer. It is doubtful that the new set of eyes will visualize a reason for failing to support the original denial. Hence, the list of those supporting the denial gets longer and longer.

The length of that list does not prevent the possibility of a settlement, but it could make it all the more unlikely that the denied victim will ever win his or her deserved benefits. That list of supporters could become evidence for the defense team, during a court trial. After all, a decision to move forward, with respect to appeals, necessitates the scheduling of another trial.

Evidence must be preserved until a final decision has been made. Not all types of evidence are easy to preserve. Moreover, a decision by a witness could erase the chances that the same witness might be able to testify during a scheduled trial. Those are other examples of the dangers associated with pursuit of the appeal’s existence, as an option.